GAUTAM PRASANNA KAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The short point which falls for consideration before this Court is whether the petitioner has the legal sanction of seeking quashing of G.R. case being no. 3304 of 2021 pending before the Learned Chief Judicial Magistrate, Tamluk, Purba Medinipur for the second time after such prayer made by him was turned down by this Court in CRR 531 of 2022 earlier.

(2.) The private opposite party who is the wife of the petitioner lodged a complaint against him alleging that the petitioner co-habited with her on a false promise to marry her. Both the families agreed to the said proposal and negotiated the marriage. The parties travelled to various places together and were in constant touch with each other which include physical relationship and they also visited each other's house. The petitioner went abroad on an assurance that the marriage will take place upon his return to India. Later, the petitioner discontinued all contacts with the opposite party and has thereby failed to keep his promise. The case was registered against the petitioner under Sec. 376/417 of the Indian Penal Code. The petitioner and his family members who were arraigned as accused in the criminal case filed two separate applications being CRR 531 of 2022 and CRR 451 of 2022 respectively praying for quashing of the proceedings. During pendency of the applications, joint applications were made before the Court seeking disposal of the cases on the ground that the dispute between the parties was amicably settled and a compromise was arrived at by and between the parties. Reports were called for by the Court from the Inspector-in-charge of the concerned police station upon ascertaining whether a voluntary statement was recorded, the grounds for settlement and whether by virtue of such settlement the future of the de-facto complainant/victim would be protected or not. Upon perusal of the report submitted by the police, this Court allowed the revisional application filed by the family members of the present petitioner, being CRR 451 of 2022 by a judgment delivered on 29/11/2022 upon observing that the de-facto complainant gave a written declaration that she did not want to proceed with the case against the said family members (petitioners in CRR 451 of 2022) and no ingredient of offence under Sec. 376/417 of the Indian Penal Code was found against them. On the same day, this Court dismissed the revisional application filed by the petitioner, being CRR 531 of 2022 on a finding that the consent of the de-facto complainant before establishing physical relationship was based on "mis-conception of fact" and amounts to no consent at all. The Court directed the criminal proceeding to continue against the petitioner.

(3.) In the present revisional application, the petitioner seeks quashing of the said proceedings upon subsequent change in facts and circumstances of the case.